As of July 2018, if you work anywhere in New York State, outside of New York City and the remaining 28 counties and you are subjected to sexual harassment, a hostile work environment, or unwelcome sexual attention, you can hold your employer accountable.
If you’re going to have your Rosa Parks moment, make it count. Make sure you document, document, document the complaint, and all follow up to the boss, to the HR department. Whatever happens, put it in writing. Hold their feet to the fire. Stand up for yourself. The Rosa Parks moment, Circa 2018 in the workplace.
Every case has a statute of limitations – the date by which it must be filed, or the chances are lost forever. In discrimination cases, sexual harassment, pregnancy discrimination, retaliation, any kind of employment law case, a charge of discrimination must be filed with the United States Equal Employment Opportunity Commission before you’re allowed to file in court, and that charge of discrimination must be filed, within either 180 days of the last discriminatory act or 300 days of the last discriminatory act, depending on the state where you work. So for instance, in New York, that federal filing date with EEOC is 300 days from, if you were fired, that is likely the last discriminatory act.
if your company has at least 50 employees, you are covered for up to a year after your baby is born, you are permitted, and they are required to create, make this space for you to express milk and continue lactating during working hours. Unpaid time, but they can’t discriminate and they must permit you to do so. If your employer does not have 50 employees, approximately half of the states in the United States have their own lactation laws such as in New York, and Connecticut, where I practice law – both of those laws go farther than the federal law in protecting women who are lactating.
Under the new revised statute as of May 9, 2018, even if you’re the only employee, and you are being sexually harassed, being subjected to unwelcome sexual conduct, a sexually hostile work environment, you are in a position now to hold your employer accountable.
Today’s video is about confidentiality. Nondisclosure agreements are no longer permitted just because your employer wishes to sweep your claim and your settlement under the rug. You, now as the victim of the sexual harassment must consent to the privacy, to the confidentiality, to the nondisclosure agreement if it is to occur.
Why this is also really big news is that federal law, the federal Arbitration Act, case law interpreting it – permits employers to require employees who are starting a job as a condition of that employment to accept the notion that you give up your right to a jury trial, you give up your right to hold your employer accountable in court in a public forum for free when, if and when, you’re being discriminated against.
If you’re being sexually harassed, subjected to unwelcome sexual attention, a hostile work environment due to your sex – up until April 2018, you wouldn’t be covered if you weren’t a W-2 employee.
Glamour Magazine for its Solidarity Issue of June/July 2018 reached out to Jack Tuckner, Esq. with the question — How should the average person handle sexual harassment at work?
Even if there is only one employee, one 1099 employee and that’s you, and you are being sexually harassed, you can fight back. Also under the same new revised law, effective July 2018, mandatory arbitration will no longer be mandatory for sexual harassment claims in New York.